Landlord and tenant rules in Delaware

The statewide rules on deposits, notice, entry and rent in Delaware, mainly from the Delaware Residential Landlord-Tenant Code, 25 Del. C. chapters 51 to 59. Checked 29 October 2026.

Security deposits and fees

Security deposit limit

1 month's rent (leases of 1 year or more)¹25 Del. C. 5514(a)

For a lease of one year or more, or a month-to-month tenancy that has lasted at least a year, the deposit may not be more than one month's rent. Furnished units are exempt from the cap.

Deposit return deadline

20 days¹25 Del. C. 5514(e), (f)

Within 20 days after the lease ends, the landlord must return any deposit owed and give an itemized list of damages and repair costs.

Interest on deposits

Not yet confirmed

We have not confirmed this from an official source, so we show no figure.

Late fees

Up to 5% of monthly rent, after 5 days¹25 Del. C. 5501(d)

A late charge may not be more than 5% of the monthly rent and cannot be charged within five days of the rent due date.

Notice, entry and rent

Tenant ending a month-to-month tenancy

60 days²25 Del. C. 5106(d)

Either side can end a month-to-month tenancy with at least 60 days' written notice, counted from the first day of the month after notice is given.

Landlord ending a month-to-month tenancy

60 days²25 Del. C. 5106(d)

Either side can end a month-to-month tenancy with at least 60 days' written notice, counted from the first day of the month after notice is given.

Notice of a rent increase

60 days before the lease ends²25 Del. C. 5107

To renew with a higher rent or other changed terms, the landlord must give at least 60 days' written notice before the lease ends.

Statewide rent limits

Not yet confirmed

We have not confirmed this from an official source, so we show no figure.

Landlord entry

48 hours¹25 Del. C. 5509(b)

The landlord must give at least 48 hours' notice and may enter only between 8 a.m. and 9 p.m. Repairs the tenant asked for and emergencies are exceptions.

Notice for unpaid rent

7 days^1,325 Del. C. 5502(a)

Before filing for unpaid rent, the landlord must give written notice allowing the tenant at least seven days to pay. The official Delaware Code shows seven days, and older copies of the law show five, so this was changed recently.

Many cities and counties add their own rules, such as rent stabilization or longer notice periods, and a lease can give a tenant more protection than the law requires. Check your local housing office or a legal aid group before you act.

Sources

Delaware Code Title 25, Chapter 55, Delaware General Assembly, Delaware Code Onlineofficial
Delaware Code Title 25, Chapter 51, Subchapter I, Delaware General Assembly, Delaware Code Onlineofficial
25 Del. C. 5502 (2025 code), Justia (quotes state code)secondary

"Secondary" sources reproduce the official text. We use them only where the official site could not be read.